Problematical Aspects of Current Legal Regulation of Appellate Review and Their Solution in Suggested Amen-dment of Czech Civil Procedure Code.
Problematical Aspects of Current Legal Regulation of Appellate Review and Their Solution in Suggested Amen-dment of Czech Civil Procedure Code.

Summary/Abstract: The aim of this article is to point to insufficiencies of the current legal regula¬tion of the appellate review proceeding in civil cases, when the court competent to deal with the appellate reviews is not able to fulfill its function of a unifier of case law and the defender of lawfullness of decision-making any more. The proposed amendment of the Civil procedure code which is being prepared by the Minis¬try of Justice reacts to many of these insufficiencies. The proposed amendment which has been sent to relevant institutions for comments is currently available to the public. After a deep analysis we have reached a conclusion that although this amendment in many respects tries to solve the current problematic aspects suc¬cessfully, it can be found insufficient in many respects and thus further discussions and subsequent changes in this proposal can be anticipated. In this contribution we have only focused on crucial conceptual problems of the proposed legal regu¬lation and we have avoided other deficiencies requiring deeper analysis and the knowledge of Czech legal regulation.

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